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State Employment Law Articles
Report Link Independent Contractors Targeted by Maryland Enforcement Efforts.Littler Mendelson, P.C. - September 28, 2009 On August 28, 2009, the Maryland Department of Labor, Licensing, and Regulation (DLLR) published its proposed regulations to implement the recently enacted Workplace Fraud Act of 2009 (the Act), which takes effect on October 1, 2009. While the Act and regulations currently affect primarily those employers in the construction and landscape industries, all Maryland employers should pay close attention because all employers are covered under the law for unemployment insurance (UI) purposes. The state's UI division investigates employee classification through both random and targeted audits and when a person claims UI benefits but is not listed as a covered employee. In addition, Governor Martin O'Malley has made it very clear that he hopes to target other industries as soon as possible. To further this goal, the governor has recently issued an Executive Order to create a task force to begin targeting employers in other industries that purportedly regularly misclassify employees as independent contractors. Report Link Amendments to Maryland Flexible Leave Act Take Effect Immediately.Jackson Lewis LLP - June 24, 2009 Under the Maryland Flexible Leave Act, employers with 15 or more employees must allow workers to use paid leave for the illness of an immediate family member. The law does not require employers to provide paid leave, only that employees be permitted to use any paid leave they have earned under their employers’ policies. The MFLA does not affect employer policies regarding how leave accrues, how often or how much, who is eligible, or the waiting periods for accrual of leave. New legislation, taking effect immediately, defines and clarifies several key terms and provisions in the MFLA. Report Link The Maryland General Assembly Amends and Clarifies Key Terms in the Maryland "Flexible" Leave Act and Other Maryland Developments.Littler Mendelson, P.C. - May 20, 2009 Based on concerns brought forth by the business community, the Maryland General Assembly overwhelmingly voted to revise and clarify key terms in the Maryland Flexible Leave Act (MFLA), which was originally signed into law on May 22, 2008. As an emergency measure, the amended Act became effective on May 19, 2009, the date on which the Governor signed it. The MFLA generally entitles employees to use any accrued personal paid leave for the illness of an immediate family member. Report Link Maryland Imposes New Data Reporting Requirement on Employers.Jackson Lewis LLP - October 22, 2008 The State of Maryland has amended the recordkeeping requirements it imposes on employers in the State to require that they record not only the wages and job classifications of employees, but also employees’ racial classifications and gender. The new amendments to the Labor and Employment Article of the Maryland Code are effective October 1, 2008. Employers must collect the data until December 31, 2013. Report Link Controversial Maryland Flexible Leave Act Becomes Law.Jackson Lewis LLP - June 12, 2008 Governor Martin O'Malley has signed the Maryland "Flexible Leave Act" into law. Effective October 1, 2008, Maryland businesses employing 15 or more employees must allow their employees to use any form of accrued leave with pay to care for an immediate family member who is ill. Report Link Maryland County Council Amends Its Human Rights Code to Prohibit Gender Identity Discrimination in Workplace.Jackson Lewis LLP - January 17, 2008 Montgomery County, Maryland, has amended its Human Rights law to add "gender identity" to the list of categories that are protected from discrimination in employment, housing or public accommodation. As a result of this amendment to the Human Rights and Civil Liberties Chapter of the Montgomery County Code, employers will be prohibited from discriminating against employees or applicants for employment based on their gender identity. Report Link Employer's Lawsuit Against Employee Filing Discrimination Claim Not Retaliatory Per Se Under Ohio Law.Jackson Lewis LLP - January 11, 2008 Employers' lawsuits against employees who have engaged in protected activity are not necessarily unlawfully retaliatory, the Supreme Court of Ohio held in Greer-Burger v. Temesi, Slip Op. No. 2007-Ohio-6442 (2007). Report Link Maryland Changes Position on Unused Vacation Pay Policy.Jackson Lewis LLP - January 02, 2008 Unused vacation time is a "wage" under Maryland law and must be paid to departing employees regardless of the employer's policy, Maryland's Labor Department has ruled. The agency responsible for administering Maryland's wage and hour laws has quietly reversed its longstanding position on an employee's right to payment of unused vacation at termination. The Employment Standards Service of the Maryland Department of Labor, Licensing and Regulation (DLLR) previously maintained that employees had no right to payment for accrued, unused vacation at termination, so long as their employers' policy clearly denied them such a right. Report Link Maryland Becomes First State to Enact Living Wage.Jackson Lewis LLP - May 25, 2007 Maryland is the first state to enact a statewide "living wage" law. On May 8, 2007, Maryland Governor Martin O'Malley signed legislation that requires state government service contractors and subcontractors to pay employees working on state contracts a "living wage." Report Link Maryland Amendment Allows Discrimination Claims in State Courts.Jackson Lewis LLP - May 25, 2007 Maryland's anti-discrimination law (Maryland Code Article 49B, Section 11) was amended when Maryland Governor Martin O'Malley signed a bill, on April 24, 2007, allowing employees claiming violations to sue in state court. Maryland's law prohibits discrimination against sexual orientation, marital status, and all ages. These are in addition to the categories of race, color, religion, ancestry, national origin, and age (over 40 years old) protected under the federal statute.
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Count and Sub-TopicsArticles Found: 10NO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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